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(영문) 서울중앙지방법원 2019.08.28 2019나23656

공제금 등 청구의 소

Text

1. The judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid.

Reasons

1. Summary of grounds for appeal;

A. The scope of the Defendant’s liability for damages against the Plaintiffs should be modified to not less than 70% of the Plaintiffs’ damages.

B. Defendant’s broker fulfilled the duty to confirm and explain, and the Plaintiffs concluded each of the instant lease agreements with the lessor having knowledge of the circumstances in which the lessor refused to submit the data, and thus, even if the Defendant or broker is not liable for damages of the Plaintiffs, it should be reduced by more than 40% of the damages of the Plaintiffs.

2. The reasoning of the judgment of the court of first instance cited the same part of the judgment of the court of first instance as the judgment of the court of first instance, except that the part of the judgment of the court of first instance, i.e., “limit of liability for damages” under Section 5 of the 13th part of the judgment of the court of first instance,

[Supplementary Use]

B. Where a real estate transaction party subject to the limitation of liability for damages delegates to a broker the brokerage of real estate transactions, the broker is obligated to investigate and confirm the relationship of rights of the object of brokerage in accordance with the purport of delegation, and if he/she violates his/her duty of care, he/she is liable to compensate for the damages incurred therefrom. However, the obligation to investigate and confirm the transaction relation which the transaction party himself/herself has entrusted the brokerage is entirely belonging to the broker and the transaction party is not out of his/her responsibility. Thus, in mediating real estate transactions, in determining the scope of compensation for the damages incurred to the broker by failing to perform his/her duty of investigation and confirmation as to the transaction relation, the broker is deemed to have neglected to investigate and confirm the transaction relation, and if it is recognized that the scope of compensation for the damages incurred to the broker was caused by the failure to perform his/her duty of investigation and confirmation as to the transaction relation, it shall be deemed that